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HomeMy WebLinkAboutBoard of Adjustment Minutes 6-25-1992BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter) June 25, 1992 The meeting was called to order by Chairman Bradley at 8000 A.M. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their names and addresses in the front of the room. Supervisors Kinney, Stephens, Menter, Neuman and Bradley were all present. Staff included Tom Nelson, Zoning Administrator. Stephens made a notion to approve the minutes as written. Seconded by Neuman. Motion carried. OLD BUSINESS ROBERT O�BRIAN Nelson stated that his was a request for an extension of time for his filling and grading permit which was issued one year ago. Motion by Stephens, seconded by Kinney to approve the extension for a one year period. Motion carried. RULES & BYLAWS There was a general discussion on the rules and bylaws that govern the Board of Adjustment. This will be discussed again at the next meeting when all members have has a chance to read the proposal. NEW BUSINESS The hearing was called to order at 8:30 A.M. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 25, 1992 at 8:30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An onsite investigation will be made of each site in questions, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(a), Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.645(1)(b) Setback from state road APPELLANT: Randolph Bollom LOCATION: NW 1/4 of the NW 1/4 of Sec. 24, T29N-R18W, Town of Warren 2. ARTICLE: 16.65(3) Sign APPELLANT: George Sinclear LOCATION: SE 1/4 of the NE 1/4 of Sec. 5, T30N-R19W, Town of Somerset 3. ARTICLE: 17.15(6)(k) Hot mix plant APPELLANT: Mathy Construction LOCATION: E 1/2 of the SE 1/4 of Sec. 1, T29N-R15W, Town of Springfield 4. ARTICLE: 17.65 Sign APPELLANT: Robert O'Brian LOCATION: NE 1/4 of the SE 1/4 of Sec. 24, T29N-R20W, Town of St. Joseph 5. ARTICLE: 17.15(6)(1) Kennel APPELLANT: Thomas F. Meyer LOCATION: SW 1/4 of the SE 1/4 of the SE 1/4 of Sec. 34, T30N-R19W, Town of St. Joseph 6. ARTICLE: 17.70(3)(c)3 Temporary occupancy APPELLANT: Joel R. Blekum LOCATION: SE 1/4 of the NE 1/4 of Sec. 1, T29N-R20W, Town of St. Joseph 7. ARTICLE: 15.03(3) Solid waste disposal APPELLANT: James McGraw/Dale Becklin LOCATION: SW 1/4 of the SW 1/4 of Sec. 26, T29N-R16W, Town of Baldwin 8. ARTICLE: 17.15(6)(0) Golf course, APPELLANT: Patrick O'Malley LOCATION: N 1/2 of the NE 1/4 of Sec. Town of Troy 9. ARTICLE: 17.15(g) Junkyard APPELLANT: David Huehn LOCATION: NE 1/4 of the NW 1/4 of Sec. Town of Somerset 10. ARTICLE: APPELLANT: LOCATION: 17.29 Delwin SW 1/4 Town o Filling and grading Peterson of the NW f Somerset 1/4 of Sec 1 , T28N-R19W, 28, T31N-R19W, 28, T31N-R19W, 11. ARTICLE: 17.36(5)(c) Bluffline setback APPELLANT: Thomas Mensing & Suzanne Bates LOCATION: Gov't Lot 2, Sec, 24, T28N-R20W, Town of Troy 12. ARTICLE: 17.145(6)(a) Duplex APPELLANT: John L. and Steven Peterson LOCATION: SW 1/4 of the SW 1/4 of Sec. 13, T31N-R18W, Town of Star Prairie RANDOLPH BOLLOM Nelson explained that Randy Bollom had been cited for construction of a pole shed that was too close to the road, STH 12, and did not have proper building permits. He is now requesting an after the fact permit and variance to the setback. Bollom stated that he did not have a hardship other than the expense of moving the building. GEORGE SINCLEAR Nelson stated that Sinclear is requesting a special exception permit for a directional sign to his food stand on the Apple River. Marian Sinclear provided diagrams and pictures of the location and what the sign would look like. The township supports the proposal. MATHY CONSTRUCTION Dick Erickson presented a request for a temporary hotmix plant at the quarry in Springfield township. This is a special exception use limited up to 120 days and for Town, County or State projects. They are requesting four weeks beginning in mid August. ROBERT O'BRIAN Nelson stated that O'Brian was requesting the placement of directional signs f or a real estate development he owns. There would be three signs at different locations. O'Brian presented diagrams and pictures of the locations and what they would look like. THOMAS MEYER Nelson explained that a dog kennel is a special exception when located less than 700 feet from a residential property. Meyer presented diagrams and pictures of the facility as it exists. He purchased the property a year ago having moved from Indiana. At the time of the purchase he had been informed by his realtor that kennels were no a zoning issue and that his one had been permitted. it was just recently he discovered he was in violation of the land use ordinances and a permit was needed. He is requesting a permit for eight dogs that he will kennel for field trial and breeding purposes. there has been no neighbor objection and the town board supports the proposal. JOEL BLEKUM Nelson stated that it is a special exception use to reside in a temporary residence while construction of another residence takes place. Blekum stated he would like to live in his 17 foot yellowstone trailer until the residence is completed. The township supports the proposal. MCGRAW/BECKLIN Nelson stated that demolition land fills are a special exception by county ordinance. Becklin presented the facility plans and diagrams showing the Location and reclamation for a one time burial of the Baldwin school demolition. The township supports the proposal. PATRICK O'MALLEY Nelson stated that golf courses are a special exception by the land use ordinance, however, complete plans have not been submitted and O'Malley is not in attendance. Discussion. DAVID HUEHN Nelson stated that Huehn had been cited for a junkyard and was requesting a special exception permit for the�junk yard. Hoehn stated that he was operating a car repair and body shop that had been there for years. Every spring excess cars are being hauled out. DELWIN PETERSON Nelson stated that placing riprap on the shores of the Apple River is a special exception use permit. Peterson shared plans with the Board of Adjustment showing the proposed project. THOMAS MENSING & SUZANNE BATES Robert Mudge, attorney for Mensing and Bates, presented plans for a deck reconstruction that showed a 10 foot encroachment on the bluffline of the St. Croix River. There is an architectural theme that is extremely important for this design. The hardship being to fulfill the overall theme of the property design. Nelson stated that he could not support the encroachment request since the hardship is self imposed and there is a reasonable use of the property. Both DNR and the township are also opposed to the encroachment. JOHN L. & STEVEN PETERSON Nelson stated that duplexes are permitted by a special exception permit in the Ag.-Residential district. Steve Peterson presented drawings showing the proposed duplexes. Dennis Tornio, the original developer of the lot and neighbor to the property stated that he had originally developed the property for single family residential use and was opposed to this request. Stuart Smith is building a house next door and is also opposed to th0s use. At the conclusion of the hearing the Board of Adjustment visited each site in question. After these viewings the following decisions were made: RANDY BOLLOM Motion by Stephens, seconded by Neuman to deny the variance request. Construction Was done without building permits and compliant location exists on the property. Motion carried. GEORGE SINCLEAR Motion by Newman, seconded by Stephens to approve the directional sings providing state permits are obtained. Motion carried. MATHY CONSTRUCTION Motion by Menter, seconded by Stephens to approve the special exception use permit with the following conditions. 1) Hours of operation be from 69.00 A.M. to 6:00 P.M.; 2) Project be limited to 60 days beginning in mid August; 3) Be for state, county or town projects only. Motion carried. ROBERT O'BRIAN Motion by Menter, seconded by Stephens to approve the directional signs for a two year period. Motion carried. THOMAS MEYER Motion by Kinney, seconded by Neuman to approve the kennel operation by eight dogs, this decision is not to go into effect for 30 days. Should any neighboring complaints arise. Motion carried. JOEL BLEKUM Motion by Stephens, seconded by Menter to approve the temporary occupancy for six months providing the septic system is installed three weeks from the approval date. Motion carried. DAMES MCGRAW/DALE BECKLIN Motion by Stephens, seconded by Menter to approve the demolition site providing the, site is completely reclaimed by October 18, 1992. Motion carried. PATRICK O'MALLEY Motion by Stephens, seconded by Neuman to postpone this decision until complete plans can be provided and the applicant or his agent are there to present their proposal. Motion carried. DAVID HUEHN Motion by Stephens, seconded by Neuman, that property is to be cleaned up and limited to five vehicles. The board will again review at the 1992 October meeting to make a final decision. Motion carried. DELWIN PETERSON Mot1on by Neuman, seconded by Stephens to approve the r0prap request. Motion carried. THOMAS MENSING & SUZANNE BATES Motion by Bradley, seconded by Kinney to deny the variance request since no hardship could be shown and a reasonable use of the property exists. Motion carried. JOHN L. AND STEVEN PETERSON Motion by Kinney, seconded by Bradley to deny the duplex special exception use permit. This use is not compatible in this residential setting. Role call vote; Kinney, yes, Bradley, yes; Stephens, no, Neuman, no; Menter, yes. Motion carried. Respectfully submitted, George enter, Secretary TCN:cj